4th April 1862
Last Will of James Barry Sr.
From records of Notary Benjamin Lelievre, No. 1207
Quebec Archives Film #4MO1-4421, Images 184+
On this day the fourth of April in the year of our Lord one thousand eight hundred and sixty two, I the undersigned Notary Public duly commissioned and sworn for Lower Canada residing in the District of Quebec at the request of James Barry Senior, residing in the Parish of Saint Catherine, Seigniory of Fossambault, went to the residence of the said James Barry situate at Saint Catherine aforesaid.
Where being in the presence of Andrew Landrigan, farmer, and James Poole, carpenter, both residing in the said Parish of St. Catherine, witnesses called upon for the purposes hereof, the said witnesses signing with me the said Notary . I found the said James Barry, sick in bed, never the less sound of mind, memory, judgment and understanding as appeared to me the said Notary and to the said above named and undersigned witnesses by his actions, discourse and words.
And the said James Barry considering the certainty of death and the uncertainty of the hour thereof, doth hereby make, publish, dictate, and declare to Benjamin Lelievre, the said undersigned Notary in the presence of the said above named witnesses, his last will and testament in manner and form following. That is to say, the said James Barry recommends his soul to God, his Creator, when it shall please Him to dissolve his mortal body hoping for a free remission and pardon of her sins through the intercession of his blessed Son and Savior.
The said James Barry doth hereby give and bequeath unto James Barry and John Barry, his two sons, all his moveable and immoveable property of which he till now possessed of or may hereafter be possessed of, the same may be situated whether in Canada or elsewhere, the said moveable property consisting of household furniture, bedding, clothing and linen, kitchen utensils and agricultural utensils, sum and sums of money, debts, whether due by notes of hand or obligations or otherwise, and stock of cattle.
The said James Barry and John Barry to have, hold, use, occupy, possess and enjoy the above bequeathed moveable and immoveable property, in full property and after the day of the decease of the said James Barry Senior, and to be equally and fairly divided between them share and share alike.
This present last will and testament is thus made at the charge by the said James Barry Senior of paying unto Mary Barry, his daughter, the sum of sixty dollars, which said sum the said James Barry be bound to pay to the said Mary Barry her heirs and assigns the following periods, to wit: twenty dollars in one year from the day of the decease of the said James Barry, twenty dollars in two years from the day of the decease of the said James Barry, and twenty dollars in three years from the day of the decease of the said James Barry as aforesaid free from and without interest.
And also at the charge by the said John Barry of paying unto the said Mary Barry, his sister, a like sum of sixty dollars, which said sum the said John Barry will be bound and obliged to pay in the same manner and at the same period as the said James Barry is bound to pay the sum of sixty dollars to the said Mary Barry, his said sister.
The said James Barry desires that his body be buried at the discretion of his executor herein after named.
The said James Barry desires that all his just and lawful debts be paid if any there be, by his said executor herein after named.
The said James Barry doth hereby nominate and appoint as executor to this his last will and testament, the person of Patrick White, Esquire, residing in the Parish of Saint Catherine aforesaid, of whom he doth hereby request this last act of kindness.
The said James Barry hereby annulling, cancelling, objurgating, and making void all former will or wills which may have been heretofore made and executed by him the said James Barry.
Thus done, made and dictated word by word by the said James Barry to the said Benjamin Lelievre, in the presence of the said above named and undersigned witnesses, on the day and year, first above written, under the number one thousand two hundred and seven and the present last will and Testament having been read and re-read to the said James Barry, by the said Benjamin Lelievre, in the presence of the undersigned and above named witnesses, which he declared well to understand as being his last will and meaning, he hath persisted therein, and the said James Barry hath declared that he could not write nor sign his name, in consequence of his sickness, having the said above named and undersigned witnesses signed with me the said Notary in faith and testimony of the premises.
Words struck out are null. Marginal notes approved are good.
Andrew Landrigan, his signature
James Poole, his signature
Benj. Lelievre, his signature.
Transcribed by Patricia Balkcom, 2 November, 2010
My Notes: Jamesís wife, Margaret White had passed away 10 years earlier. James died the following day after making this will.